KCC 769/2020
This case involved the similarity of two trademarks. The expert had concluded the brands were not similar based on their design, colours, and languages.
Background
A company filed a case against another company before the court. The company requested the court to order the other company to remove all advertisements that held their trademarks and all other advertisements that held similar trademarks. The company also requested the court to order the other company not to use the trademark in their products. The company also requested the court to order the other company to pay temporary compensation of 5,001 Dinars. The company said that they worked in the perfumes business, and owned a brand called Fatima. The other company had used this brand without their approval. The company said that the use of this brand had caused them damage.
The court appointed an expert and when they presented their report, the court dismissed the case.
The company appealed the ruling before the court of appeal. The court upheld the appealed ruling.